MSI Bill Tracker - 2023 Maryland General Assembly Regular Session

2023 Gun Bill Tracker Graphic

This tracker follows legislation and lawmakers in the Maryland General Assembly. It serves as an easily searchable gun and self-defense-related bill database for supporters of the right to keep and bear arms.

Share this tracker anywhere! tinyurl.com/guntracker
Key:
Red ❌= Oppose
Green ✅= Support
Light Green ✅= Support with Amendment
Blue ℹ️= Informational Testimony Only (provides knowledge for the committee on the bill without taking a position)
Gray = Position Pending or None Taken

HOW TO TESTIFY
MSI Guide - Tips For Your Testimony in the Maryland General Assembly

To Sign-up to testify, you MUST make a MyMGA Account!
DO SO HERE


Find your representatives HERE
Committee Contacts can be found HERE

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MSI Bill Tracker - 2022 Maryland General Assembly Regular Session

This tracker follows legislation and lawmakers in the Maryland General Assembly. It serves as an easily searchable gun and self-defense-related bill database for supporters of the right to keep and bear arms.

Share this tracker anywhere! tinyurl.com/mdgunbills
Key:
Red ❌= Oppose
Green ✅= Support
Light Green ✅= Support with Amendment
Blue ℹ️= Informational Testimony Only (provides knowledge for the committee on the bill without taking a position)
Gray = Position Pending or None Taken

HOW TO TESTIFY
MSI Guide - Tips For Your Testimony in the Maryland General Assembly

To Sign-up to testify, you MUST make a MyMGA Account!
DO SO HERE



Find your representatives HERE
Committee Contacts can be found HERE

Continue Reading

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The Legislative Session Ends

State House Dome

On Monday night, the Maryland General Assembly adjourned Sine Die having passed the worst attacks on gun owners and the 2nd Amendment since 2013. In our previous dispatch, MSI asked Governor Hogan to veto SB387/HB425, the so-called "ghost gun" bills, HB 1021, the so-called dealer security bills. Yet, the Governor decided to let SB387/HB425 become law without his signature. The Governor did veto HB1021, a bill that places expensive and onerous burdens upon firearms dealers across the state, but his veto was quickly overridden along party lines.

The only other gun-related bill to be passed by the legislature was SB861, a bill that requires the State Police to track all crimes committed with firearms across the state. That bill passed the Senate with provisions that would have criminalized the theft of handguns and incurred other penalties for violent and unlawful usage of firearms. The House stripped the bill of these provisions and the Senate accepted those changes. However, there was some good news for hunters as the General Assembly did move a handful of Sunday hunting bills for a few counties before adjournment. All of the bills and votes on them can be found in our tracker at tinyurl.com/guntracker.

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SB387/HB425 Becomes Law, HB1021 Veto Overridden

MDHouse

Earlier this week, MSI sent a letter to Governor Larry Hogan urging his veto of SB387/HB425, the bills that criminalize the possession of unserialized firearms, and HB1021, a bill that puts onerous and expensive burdens upon all State-licensed firearms dealers. On Friday (04/08), the Governor issued a statement saying that he will let the so-called "ghost gun" bills become law without his signature. He calls the legislation "a positive step," but said the General Assembly needs to do more to address violent crime.

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SB387 Has Passed the Senate. What Happens Next?

ghostgun2
 
Last night (3/16/22) in a late session, the Senate passed the ban on the possession of unserialized firearms, SB387, by a margin of 35-11. The yeas and nays do not tell the whole tale, however, as the Senate's version of this bill differs substantially from the House's passed-as-introduced HB425. The Judicial Proceedings Committee amended SB387 over the course of the last week and Senators HoughBaileyWest, and Cassilly pushed hard for the changes that were made to the bill in order to lessen the harm to the countless Marylanders who will be affected by its enactment. As passed by the Senate, SB387 can be summed up this way:
  • The bill extends the period to get any currently possessed unserialized guns into compliance to 3/1/23. Any unserialized gun manufactured after Oct. 22, 1968, must be inscribed by an FFL and registered by then in order to be possessed. Otherwise, they must be dispossessed or removed from the state by this date;
  • SB387's definition of an unfinished frame or receiver is entirely reliant on the pending rule published by the ATF in regards to the definition of a firearm;
  • Any affected gun must be inscribed by an FFL with either the system of marking imposed by the ATF in its rule OR by the system of marking otherwise imposed by this bill;
  • The bill, as amended, does not require the FFL to keep records concerning the serialization. In contrast, the ATF proposed Rule does impose that recordkeeping requirement;
  • Prospective gun-making can happen, but only for unfinished frames or receivers "made" by the owner. Such an item must be inscribed in accordance with bill and be registered with Maryland State Police;
  • The amended bill adds a mens rea requirement, but it is highly limited.  If the person knew or should have known that the gun (or unfinished frame or receiver) was unserialized, then a person may be convicted of the possession offense after March 1, 2023. The original version of the bill lacked any mens rea requirement entirely;
  • The amended bill no longer includes within its definition of an unfinished frame or receiver items that are merely "sold or marketed" as being a receiver. This change allows possession of an item, like a block of aluminum, that has not yet achieved a state of manufacture that it could be considered to be "readily" convertible into a frame or receiver. Again, the bill relies on the ATF rule to define what is "readily" convertible. That definition in the ATF proposed rule relies on an ad hoc application of multiple factors and thus is quite vague.
  • Persons convicted of illegal possession under the bill face 2-years imprisonment rather than three. Such a conviction would not render a person "probibited" under state and federal law, thereby allowing such a person to legally retain possession of existing firearms;
  • Sellers or distributors of unfinished frames or receivers or unserialized firearms face up to 5 years imprisonment (a prohibitive offense);
  • Any gun serialized under this bill must be registered with the Maryland State Police via the existing voluntary registration system already in place. Such registration will allow the State Police to conduct a background check on the owner;
So what happens now?
Nothing has been sent to the Governor's desk yet, so there's still work for the chambers to do if they want the bills passed. SB387 will be sent over to the House Judiciary Committee which must decide how to proceed. They (and the House) passed HB425 without any amendments whatsoever. Likewise, HB425 will be sent to the Senate Judicial Proceedings Committee where it is likely to be amended to reflect the changes made to SB387. Either the House or the Senate can accede to the bill passed by the other body. If neither accedes, then the Senate and the House will have to hold a conference to iron out the differences. If those differences cannot be reconciled and neither body accedes to the other, then the legislation dies. To be sent to Governor Hogan, any bill must pass both the House and Senate with identical language.

MSI remains strongly opposed to SB387/HB425, as the bills still impose stringent requirements upon gun owners at their expense, leave innocent people at risk for arrest and prosecution, and criminalizes conduct that's always been lawful in Maryland and the United States. Those who've made firearms—whether from kits or fabricated entirely on their own—should not be paying for the bad acts of those who have no respect for the law or lives of others. The criminals in the State will not comply with this law any more than they comply with existing laws.

Nonetheless, the reality is that the General Assembly could have passed these bills as introduced, but the Senate decided to at least try to mitigate the harms. SB387, as passed by the Senate, is confusing and difficult to navigate. That confusion is compounded by the uncertainty associated with the ATF rule, as it has yet to be issued in final form (June is the expected date for issuance, but it could be at any time between now and then). We expect that there will be dealers who do not offer engraving services for one reason or another. There will be people who move from this State because of this bill. There will be those who manage to get their homemade guns engraved and those who fail to do so simply because they never learned about the new law. MSI shares the passion for homemade firearms and believes that such firearms are central to protecting the right to keep and bear arms. We will strive to assist our members with understanding any bill that is enacted into law.

We'll have more as the General Assembly enters its final three weeks of the Session. Sine Die is April 11, 2022. Don't forget that you can use mdelect.net to reach out to your state representatives about these bills and all the others affecting Maryland gun owners.

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MDGA22 - Testimony in Opposition to SB773 as Introduced

NOTE: This bill has been amended before its hearing to make it a tax incentive for individuals up to $500 towards the purchase of firearms storage devices. MSI welcomes this change and supports Senator Carter's amendment and now, the bill.

✅ SB773 Public Safety – Firearms Dealers – Storage Vaults for Regulated Firearms
Senators Carter
MSI SUPPORTS this bill!
In-person hearing scheduled for 3/15 at 1pm
Signup to testify between 3/14 at 4pm and and 3/15 by 10am with your MyMGA Account
For more on how to testify and signup, read our guide.

GlockinGunShop

*The testimony that follows reflects the bill as introduced when MSI opposed it. SB773 longer reflects this language.*

The Bill:

The bill would create a new Section 5-110.1 in the Public Safety Article of the Maryland Code that would impose new vault storage requirements on all Maryland licensed dealers. Specifically, the bill states:

(A) BEFORE THE SECRETARY ISSUES A DEALER’S LICENSE TO AN APPLICANT, THE APPLICANT SHALL PROVIDE EVIDENCE SATISFACTORY TO THE  SECRETARY THAT THE APPLICANT’S PROPOSED PLACE OF BUSINESS HAS A VAULT THAT IS SECURED TO THE FLOOR AND THAT CAN HOLD ALL OF THE REGULATED FIREARMS TO BE OFFERED FOR SALE.

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, WHEN A LICENSEE’S PLACE OF BUSINESS IS CLOSED, THE LICENSEE SHALL STORE ALL REGULATED FIREARMS FOR SALE IN A VAULT DESCRIBED IN SUBSECTION (A) OF THIS SECTION.

(2) A PERSON WHO HOLDS A DEALER’S LICENSE ON OR BEFORE OCTOBER 1, 2022, SHALL COMPLY WITH THIS SUBSECTION ON OR BEFORE JULY 1, 2023.

The bill also provides:

THE SECRETARY MAY DENY A DEALER’S LICENSE TO AN APPLICANT OR SUSPEND OR REVOKE A DEALER’S LICENSE IF THE APPLICANT OR LICENSEE FAILS TO COMPLY WITH § 5–110.1 OF THIS SUBTITLE.

The Bill Will Likely Put Many Dealers Out of Business

Firearms dealers are already among the most heavily regulated businesses in the United States. This State imposes very strict regulation of regulated firearms dealers, requiring that these dealers obtain a state-issued firearms license and submit to inspections on a regular basis by the Maryland State Police.  See, e.g., MD Code Public Safety §5-110, §5-114, §5-115, §5-145. Additional regulatory burdens on dealers were imposed with the enactment of SB 281, the Firearms Safety Act of 2013, including amending MD Code, Public Safety, § 5-145 to impose additional record keeping requirements. In addition to state regulation, all these dealers are also federal licensees and are thus heavily regulated by the ATF, a component of the U.S. Department of Justice.  The ATF likewise imposes substantial requirements concerning business operations of FFLs.  See 18 U.S.C. § 923; 27 C.F.R. Part 478.

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HB425 and SB387 Privately Made Firearm Bill Updates

Friday (3/11) saw a lot of movement on the two bills that effectively prohibit privately making one's own firearms. HB425 was brought to the House floor on Thursday in a lengthy debate that saw all attempts at amending the bill fail and the bill progressed with the same language as introduced. Today, HB425 passed the House 94-41. Hats off to Delegates SaabMautzShoemakerHartmanPippyMangione, and Buckel for their vocal opposition and attempted amendments to the bill. Be sure to thank all the red votes in the below picture from the roll.
 


On Wednesday, the Senate Judicial Proceedings Committee held a voting session on the cross file, SB387. They amended the bill substantially from its introduced form. Those amendments were brought to the floor today and the bill was ordered to Third Reading without any discussion or other amendments offered. We expect it to pass. We wish to express our appreciation for the efforts of Senators HoughBaileyWest, and Cassilly, who pushed hard for amendments in Committee. Those amendments fixed some of the worst aspects of the bill and, importantly, mean that SB387 is different than HB425, which was passed "clean" by the House. As a result, there must be reconciliation (or one House to yield) before a bill can be sent to the Governor's desk. A lot can still happen. Sine Die is fast approaching, with this Legislative Session having just 30 days remaining.

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Senate Judicial Proceedings Committee to Consider SB387 - YOUR VOICE IS NEEDED!

Request an unfavorable of HB425

The Senate Judicial Committee is scheduled to consider SB387 Public Safety - Untraceable Firearms in a voting session starting at 4pm today (3/9/2021). We have a thorough analysis of the bill in our written testimony HERE. Briefly, existing owners have until the end of the year to have a federally licensed manufacturer (Type 07 FFL) inscribe any unserialized firearm that a person may possess. The same requirement applies to any unfinished frames or receivers one might have. No manufacturer is required to provide this service and manufacturers are free to charge any amount if they do. Failure to comply is punishable by up to three years imprisonment and a fine of up to $10,000 per gun (or receiver). Conviction of this "crime" is a lifetime disqualifier from ever possessing modern firearms or ammunition. MSI strongly opposes this legislation.

Contact the members of the committee directly to respectfully make your concerns with the bill known and to urge them for an unfavorable report. Their email addresses are below to copy and paste into your preferred email client. Be sure to have SB387 in your subject line.

, , , , , , , , , , ,

The committee session will be viewable HERE at or shortly after 4pm.

For a primer on the legislative process, be sure to read our guide HERE.

 

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MDGA22 Testimony in Support with Amendments of HB1206 Public Safety – Handgun Permit Requirement – Repeal (Maryland’s Constitutional Carry Act of 2022)

✅ HB1206 - Public Safety – Handgun Permit Requirement – Repeal (Maryland’s Constitutional Carry Act of 2022)
Delegate Grammer
MSI SUPPORTS this bill with amendments!
Hearing scheduled for 3/9 at 1pm
Signup to testify between 3/7 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

handguniniwbholster

The Bill: House Bill 1206 would amend MD Code, Criminal Law, §4-101 and MD Code, Criminal Law, § 4-203.  Section 4-101 addresses concealed and open carry of “dangerous weapons” which are defined by Section 4-101(a)(5) to include “a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku,” but to exclude “handguns.” Under current law, Section 4-101(b)(3) exempts a person with a wear and carry permit issued by the State Police under MD Code Public Safety, 5-306, from the prohibitions set forth in Section 4-101.  Permit holders are exempted from Section 4-203 under Section 4-203(b)(2). 

The bill would first amend Section 4-101 to delete the exemption for wear and carry permit holders, thereby subjecting the prohibitions of Section 4-101 on permit holders. The bill would then amend Section 4-203(a) to sharply limit the current broad ban on wear and carry of a handgun on or about the person to a defined set of persons and circumstances, viz., persons under the age of 21 while in a vehicle, persons under the age of 21 with a loaded handgun, on school property, or wear or carry a handgun with the intent of hurting someone. The bill would also amend Section 4-203(b) by deleting, with two exceptions, the remaining exceptions to the broad ban on wear and carry of a handgun under Section 4-203(a), including the exemption for wear and carry permit holders. The bill would retain the exception permitting a person to wear, carry or transport a handgun for use in “an organized military activity, a formal or informal target practice, sport shoot event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping or dog obedience training class or show.” The bill would likewise retain the exception in current law for the “carrying or transporting of a signal pistol” on the waterways of the State.

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MDGA22 Testimony in Support of HB1132 "Gun Theft Felony Act of 2022"

✅ HB1132 - Gun Theft Felony Act of 2022
Delegate Beitzel, et al.
MSI SUPPORTS this bill!
Hearing scheduled for 3/9 at 1pm
Signup to testify between 3/7 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

boltcutters michael dziedzic pM9pkc9J918 unsplash

The Bill:

The purpose of this bill is to provide for greatly enhanced penalties for the theft of a firearm. Under current law, theft of a firearm is treated just like the theft of any other piece of personal property. For example, under MD Code Criminal Law § 7-104(g)(2), “a person convicted of theft of property or services with a value of at least $100 but less than $1,500, is guilty of a misdemeanor and: (i) is subject to: 1. for a first conviction, imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and 2. for a second or subsequent conviction, imprisonment not exceeding 1 year or a fine not exceeding $500 or both. The bill would change these penalties for theft of a firearm to a felony and would impose, on the first offense, a term of imprisonment not exceeding 5 years and/or a fine of $1,000. Subsequent offenses are punishable by imprisonment for a term not exceeding 10 years and/or a fine not exceeding $2,500. These punishments are similar to the provisions moved in 2020 by the Senate in SB 35 which likewise made theft of a firearm a felony and punished such theft with imprisonment for up to 5 years and a fine of $10,000. SB 35 further required the thief to restore the firearm to the owner or pay the owner the value of the firearm.

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MDGA22 Informational Only Testimony on HB482 Firearms – Right to Purchase, Own, Possess, and Carry – Medical Cannabis

ℹ️ HB482 Firearms – Right to Purchase, Own, Possess, and Carry – Medical Cannabis
Delegate Grammer
MSI is providing Informational Only Testimony on this bill.
Hearing scheduled for 3/9 at 1pm
Signup to testify between 3/7 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

cannabis pic small

The Bill: House Bill 482 adds a new subtitle 7 to the Public Safety Article relating to persons who are authorized to use medical cannabis under title 13, subtitle 33 of the Health – General Article of Maryland law. The bill provides that a State Agency may not access a State database relating to medical marijuana patients for the purpose of approving or disapproving such person’s application for a wear and carry permit, or for other purposes relating to the purchase, ownership, possession or carrying of a firearm. More generally, the bill provides that “IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT MEDICAL CANNABIS SHOULD BE TREATED AS LEGAL FOR PURPOSES OF STATE LAW AND THAT THE STATE SHOULD NOT PENALIZE A QUALIFYING PATIENT FOR USING THE DRUG LEGALLY. Like similar bills in the past, MSI takes no position with respect to the merits of these bills. However, as before, we do wish to point out some legal realities for purposes of informing the debate on these bills. A similar bill, SB 286, recently and unanimously passed the Senate. MSI likewise provided “information only” testimony on SB 286, making clear that the legal issues, identified below, also fully apply to SB 286.

Legal Issues: With the recent changes in Maryland law concerning medical marijuana, see MD Code, Health - General, § 13-3304 et seq., and the push to legalize the use of marijuana in Maryland, a recurring issue is how such marijuana use would affect Second Amendment rights. The short answer is that such use effectively abrogates those rights by (1) barring a Federal Firearms Licensee (“FFL”) from selling a firearm to such a user and (2), by making such a user a prohibited person under federal law.

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House Judiciary Committee to Consider HB425 - YOUR VOICE IS NEEDED!

Request an unfavorable of HB425

The House Judiciary Committee is scheduled to consider HB425 Public Safety - Untraceable Firearms in a voting session starting at 1:30pm today (3/4/2021). We have a thorough analysis of the bill in our written testimony HERE. Briefly, existing owners have until the end of the year to have a federally licensed manufacturer (Type 07 FFL) inscribe any unserialized firearm that a person may possess. The same requirement applies to any unfinished frames or receivers one might have. No manufacturer is required to provide this service and manufacturers are free to charge any amount if they do. Failure to comply is punishable by up to three years imprisonment and a fine of up to $10,000 per gun (or receiver). Conviction of this "crime" is a lifetime disqualifier from ever possessing modern firearms or ammunition.

Contact the members of the committee directly to respectfully make your concerns with the bill known and to urge them for an unfavorable report. Their email addresses are below to copy and paste into your preferred email client. Be sure to have HB425 in your subject line.

, , , , , , , , , , , , , , , , , , , , , ,

The committee session will be viewable HERE at or shortly after 1:30pm.

For a primer on the legislative process, be sure to read our guide HERE.

 

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MDGA22 Testimony in Support of HB1288 "Public Safety - Handgun Permit Application Fee - Waiver for Disabled Residents"

HB1288 Public Safety - Handgun Permit Application Fee - Waiver for Disabled Residents
Delegate Arikan, et al.
MSI SUPPORTS this bill!
Hearing scheduled for 3/2 at 1pm
Signup to testify between 2/28 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

Maryland State Police 006 small

The Bill: This bill would amend MD Code, Public Safety, § 5-304. That Section sets out fees charged by the State of Maryland in connection with an application for a wear and carry permit issued by the Maryland State Police for the wear, carry or transport of a handgun under MD Code, Public Safety, § 5-306. Those fees are “(i) $75 for an initial application; (ii) $50 for a renewal or subsequent application; and

(iii) $10 for a duplicate or modified permit”. See Section 5-304(b)(2). Subsection 5-304(d) provides that the Secretary of the State Police may not charge a fee otherwise imposed by Section 5-304 for “a State, county, or municipal public safety employee” who is required to carry a firearm as a condition of employment, or to a “retired law enforcement officer of the State or a county or municipal corporation of the State.”

The bill would add to that list A DISABLED PERSON, and would thus prohibit the Secretary from charging fees to a disabled person. For the sake of clarity, the bill also amends MD Code, Public Safety, § 5-301 to define a “disabled person” for these purposes, providing that a disabled person is a person who (1) HAS BEEN CERTIFIED AS DISABLED BY A UNIT OF THE STATE OR THE UNITED STATES THAT CLASSIFIES DISABLED INDIVIDUALS; AND (2) IS A RESIDENT OF THE STATE. The bill makes no modification to the requirements for a permit otherwise imposed by Section 5-306.

Discussion: This bill makes sense. People with disabilities are often uniquely susceptible to physical attack precisely because their disability may hinder or impede their ability to defend themselves. See https://bit.ly/3BVcvEI. As such, the State Police recognize that such individuals may well qualify for a wear and carry permit. Yet, such disabilities may also contribute to financial hardship. Persons should not be forced to choose between their need for self-defense and their ability to otherwise provide for themselves. The amounts involved are relatively small but may well be significant to a person with disabilities. Nothing in this bill would amend or change the rigorous training requirements otherwise imposed by Section 5-306(a)(5), including the requirement that the applicant demonstrate, through a scored course of live fire, “proficiency and use of the firearm.” See Section 306-5(a)(5)(ii). Nothing in the bill would change the requirement, imposed by Section 5-306(b)6), that the applicant demonstrate, to the satisfaction of the State Police, a “good and substantial reason” for the issuance of a carry permit. The only thing that would change is that the person with State-recognized disabilities would be spared the $75 initial application fee, the $50 renewal fee, and the $10 fee for a modified permit. That is a small price for the State to pay to assist such persons.

We urge a favorable report.

Sincerely,

Mark W. Pennak
President, Maryland Shall Issue, Inc.

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MDGA22 Testimony in Opposition to SB873 and HB1396 "Public Safety – Firearm Industry Members – Public Nuisance"

❌ SB873 Public Safety – Firearm Industry Members – Public Nuisance
Senators Waldstreicher and Smith
Hearing Canceled


HB1396 Public Safety – Firearm Industry Members – Public Nuisance
Delegate Atterbeary
MSI OPPOSES this bill!
Hearing scheduled for 3/15 at 1pm
Signup to testify between 8am and 3pm on 3/11/2022 with your MyMGA Account
For more on how to testify and signup, read our guide.

uscongress louis velazquez XWW746i6WoM unsplash

The Bills: These bills define a new offense of “public nuisance” and is designed to negate the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, et seq. (“PLCAA”). It provides a new duty of care on a “firearm industry member” a term that is defined by the bill to include “A PERSON ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, OR MARKETING” of any “QUALIFIED PRODUCT,” a term that is defined to include all firearms and ammunition, including mere “COMPONENTS” of firearms and ammunition. The bills provide that such a “member” of the industry may not “knowingly or recklessly” engage in conduct that is “unlawful” or in conduct that “IS UNREASONABLE AND CREATES, MAINTAINS, OR CONTRIBUTES TO A CONDITION IN THE STATE THAT ENDANGERS THE HEALTH AND SAFETY OF THE PUBLIC THROUGH THE SALE, MANUFACTURING, IMPORTING, OR MARKETING OF A QUALIFIED PRODUCT.” The bill also imposes a new duty on such industry members to “ESTABLISH AND USE REASONABLE CONTROLS AND PROCEDURES TO PREVENT A QUALIFIED PRODUCT FROM BEING POSSESSED, USED, MARKETED, OR SOLD UNLAWFULLY IN THE STATE.”

The bill then declares that any violation of the foregoing provisions “THAT RESULTS IN HARM TO THE PUBLIC IS A PUBLIC NUISANCE.” The bill provides that the “CONDUCT” of the industry member SHALL CONSTITUTE A PROXIMATE CAUSE OF THE PUBLIC NUISANCE IF THE ENDANGERMENT OF THE HEALTH AND SAFETY OF THE PUBLIC WAS A REASONABLY FORESEEABLE EFFECT OF THE CONDUCT, NOTWITHSTANDING ANY INTERVENING ACTIONS, INCLUDING CRIMINAL ACTIONS BY THIRD PARTIES.” The bill then provides for enforcement of the bill’s provisions by the Attorney General if the Attorney General “SUSPECTS” a violation or imminent violation, providing that “IN ACCORDANCE WITH AN ORDER OF THE COURT OF APPEALS, IMPOUND AND RETAIN” records of the industry member. The bill also provides for lawsuits, stating IF THE ATTORNEY GENERAL DETERMINES THAT THERE HAS BEEN A VIOLATION UNDER THIS SUBTITLE, THE FOLLOWING PARTIES MAY BRING AN ACTION AGAINST THE FIREARM INDUSTRY MEMBER FOR INJUNCTIVE RELIEF OR TO RECOVER FOR DAMAGES, OR BOTH, IN THE COURT OF APPEALS OR IN A FEDERAL COURT SITTING IN THE STATE.” The list of persons entitled to bring suit “IN THE COURT OF APPEALS OR IN A FEDERAL COURT,” includes the Attorney General, city corporate counsel and “A PERSON THAT SUFFERED DAMAGE AS A RESULT OF THE VIOLATION.” The bill authorizes compensatory and punitive damages, attorneys’ fees and costs and “OTHER RELIEF THE COURT CONSIDERS PROPER.”

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MDGA22 Testimony in Opposition to HB1021 "Public Safety – Licensed Firearms Dealers – Security Requirements"

❌ HB1021 Public Safety – Licensed Firearms Dealers – Security Requirements
Speaker Jones
MSI OPPOSES this bill!
Hearing scheduled for 3/2 at 1pm
Signup to testify between 2/28 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

gunshoprack

The Bill:

The bill would create a new Section 5-145.1 in the Public Safety Article of the Maryland Code that would impose new security requirements on licensed dealers in Maryland.  Specifically, the bill provides that a dealer MAY NOT CONDUCT BUSINESS AND STORE FIREARMS AT A LOCATION UNLESS the premises on which the dealer operates is EQUIPPED WITH . . . (1) EQUIPMENT CAPABLE OF FILMING AND RECORDING VIDEO FOOTAGE INSIDE AND OUTSIDE BUILDINGS WHERE FIREARMS ARE STORED; (2) BARS OR SECURITY SCREENS DESIGNED TO PREVENT UNAUTHORIZED ENTRY ON ALL EXTERIOR DOORS AND WINDOWS OF ALL BUILDINGS WHERE FIREARMS ARE STORED; (3) A BURGLARY ALARM SYSTEM THAT IS CONTINUALLY MONITORED; AND (4) PHYSICAL BARRIERS DESIGNED TO PREVENT THE USE OF MOTOR VEHICLES TO BREACH ALL BUILDINGS WHERE FIREARMS ARE STORED. The bill then provides that, outside of business hours, the dealer must LOCK[] ALL FIREARMS STORED ON THE PREMISES IN: (I) A VAULT; (II) A SAFE; OR (III) A SECURE ROOM.

The bill imposes a civil penalty of $1,000 for the first violation.  For a second and subsequent violations, the bill imposes a criminal penalty of 3 years imprisonment and/or a fine of $10,000 if the offense was COMMITTED KNOWINGLY AND WILLFULLY. This criminal penalty effectively renders the dealer a disqualified person under both federal and state law, thereby ending the ability of the dealer to possess any firearm or modern ammunition for life. See 18 U.S.C. 921(a)(20)(B), MD Code, Public Safety, § 5-101(g)(3). The ability of the dealer to make a living as a dealer is thus destroyed upon indictment, 18 U.S.C. 922(n), and/or conviction, 18 U.S.C. § 922(g), for this offense.

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Gun Bills Being Heard Soon in the General Assembly!

State House Dome
 
All of these upcoming gun bills need your voice! Don't sit on the sidelines. 

Being heard Virtually on March 2nd at 1pm in the Judiciary Committee:
Testimony signup and submission is 2/28 between 8am and 3pm.
Go directly to the MyMGA Witness Signup page here: https://mgaleg.maryland.gov/mgawebsite/MyMGATracking/WitnessSignup

HB1288 Public Safety - Handgun Permit Application Fee - Waiver for Disabled Residents
Delegate Arikan, et al.

As the name implies, this bill would waive application fees for applicants of carry permits for Maryland residents with disabilities. Read our full testimony HERE. MSI SUPPORTS this bill and requests a favorable report.

HB1021 Public Safety – Licensed Firearms Dealers – Security Requirements
Speaker Jones

This bill imposes strict and very expensive storage, security, and other requirements upon federal firearms licensees across the state, even for those who hold FFL03 Curio and Relics licenses! If enacted, HB1021 would likely force many firearms dealers to close or leave the state, thus making it that much harder for Marylanders to purchase firearms and thus exercise their Second Amendment rights. Read our full testimony HERE. MSI OPPOSES this bill and requests an unfavorable report.

Being heard In-Person March 2nd at 1pm in the Judicial Proceedings Committee:

Testimony signup and submission is TOMORROW (3/1) starting at 4pm until 10am on 3/2.

SB873 Public Safety – Firearm Industry Members – Public Nuisance
Senators Waldstreicher and Smith

SB873 is designed to make it easy to bring suit against FFLs and other firearms industry members for harms caused by misuse of a firearm by a purchaser or by third parties. The bill thus attempts to usurp the federal Protection of Lawful Commerce in Arms Act (PLCAA), which was enacted by Congress to preempt and put a stop to the very types of lawsuits the bill would allow. Read our full testimony HERE. MSI OPPOSES this bill and requests an unfavorable report.


Being heard Virtually on March 9th at 1pm in the Judiciary Committee:

Testimony signup and submission is on 3/7 between 8am and 3pm.

HB871 Handgun Permit - Preliminary Approval
Delegate Saab, et al.

HB871 would have the State Police investigate a carry permit applicant before requiring they complete the necessary training. Upon approval, the applicant would have 120 days to complete the training before being given the permit. The Senate cross-file to this bill, SB338, was heard on 2/16 and passed the Senate unanimously this week. Read our full testimony HERE. MSI SUPPORTS this bill and requests a favorable report.

HB1174 Public Safety – Permit to Carry, Wear, or Transport a Handgun – Qualifications
Delegate Kipke, et al.

This bill would effectively make Maryland shall issue for carry permits like the vast majority of the country. The Senate version of the bill, SB327, was recently heard and you can see that proceeding HERE. Read our full testimony HERE. MSI SUPPORTS this bill and requests a favorable report.

HB1206 Public Safety – Handgun Permit Requirement – Repeal (Maryland’s Constitutional Carry Act of 2022)
Delegate Grammer

You read the title correctly; this bill if enacted would line Maryland up with the 21 states (and likely more soon) that currently do not require permits to carry handguns in public. MSI SUPPORTS this bill and requests a favorable report.

ℹ️ HB482 Firearms – Right to Purchase, Own, Possess, and Carry – Medical Cannabis
Delegate Grammer

This bill is similar in effect to Senator Hough's SB286. It would disallow the State Police from denying an HQL, carry permit, or firearms purchase based on one's possession of a medical cannabis card and use of medical cannabis. MSI is submitting Informational testimony only on this bill, as the use of cannabis in any regard bars a person from any possession of a firearm or modern ammunition. 


Being heard Virtually on March 10th at 1pm in the Appropriations Committee:
Testimony signup and submission is on 3/8 between 8am and 3pm.

HB780 Gun-Free Higher Education Zones
Delegate Jalisi

HB780 is a blast from the past as this bill resurrects prior attempts dating back to 2017 that would have banned firearms completely from the grounds of all public institutions of higher education. It was a bad idea then and it still is now. Here's MSI's oral testimony on a similar bill from 2017. MSI OPPOSES this bill and requests an unfavorable report.


Being heard In-Person March 15th at 1pm in the Judicial Proceedings Committee:

Testimony signup and submission is between 4pm on 3/14 and 10am on 3/15.

SB676 Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
Senators Smith and Beidle

The House cross file of this bill, HB659, was heard last week in Judiciary and that hearing is worth watching to understand the trouble with further criminalizing how gun owners store their firearms and ammunition. Read our full testimony HERE. MSI Opposes this bill and requests an unfavorable report.

SB773 Public Safety – Firearms Dealers – Storage Vaults for Regulated Firearms
Senator Carter

Though not as expansive in scope as HB1021, SB773 would require dealers to install vaults for all regulated firearms to be stored in as a condition of being able to sell firearms in Maryland. MSI OPPOSES this bill and requests an unfavorable report.
 

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Latest News

Montgomery County Bill 21-22E is in Effect

It is now practically impossible for anyone other than active police officers and security guards to lawfully carry a firearm for personal defense in public within Montgomery County.


UPDATE 12/7/22:
MSI has moved for a Temporary Restraining Order and Preliminary Injunction against aspects of Bill 21-22E.
 
On 11/28/2022, Montgomery County Executive Marc Elrich signed Bill 21-22E into law. The Bill goes into effect immediately. The Bill has now banned the possession, transport, sale or transfer of any firearm in countless locations across Maryland's most populous county. It is now legally very risky to carry a firearm in Montgomery County with a wear and carry permit. Bill 21-22E repealed the prior exemption for permit holders and then imposes its bans on a long list of locations, including within 100 yards of such locations.  It is simply impossible, as a practical matter, to possess and transport a firearm in the County in public with a wear and carry permit in compliance with the County's gun laws. That is because it is nearly impossible to move around the County without entering one or more of the many 100-yard exclusion zones enacted by Bill 21-22E. 

MSI Bill Tracker - 2023 Maryland General Assembly Regular Session

2023 Gun Bill Tracker Graphic

This tracker follows legislation and lawmakers in the Maryland General Assembly. It serves as an easily searchable gun and self-defense-related bill database for supporters of the right to keep and bear arms.

Share this tracker anywhere! tinyurl.com/guntracker
Key:
Red ❌= Oppose
Green ✅= Support
Light Green ✅= Support with Amendment
Blue ℹ️= Informational Testimony Only (provides knowledge for the committee on the bill without taking a position)
Gray = Position Pending or None Taken

HOW TO TESTIFY
MSI Guide - Tips For Your Testimony in the Maryland General Assembly

To Sign-up to testify, you MUST make a MyMGA Account!
DO SO HERE


Find your representatives HERE
Committee Contacts can be found HERE

Contact Info

Mailing Address:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org